Applicant Name: ?????
Application Receipt Date: 2009/01/05 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 submitted by the applicant.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 021120
Discharge Received: Date: 021220 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: C Co, 3-7 IN Bn, Fort Stewart, GA
Time Lost: Confinement/Military Authorities for 20 days (021004-021024), as part of the Summary Court-Martial sentence.
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): 021004, SCM, wrongful use of cocaine; reduction to E-1, and confinement for 25 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 010326 Current ENL Term: 3 Years ?????
Current ENL Service: 01 Yrs, 08Mos, 04Days ?????
Total Service: 01 Yrs, 08Mos, 04Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 11B10 Infantryman GT: 97 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Riverton, IL
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 20 November 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs for wrongful use of cocaine, driving under the influence of alcohol twice, underage drinking, driving with a suspended license, and making false official statements, with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration his case by an administrative separation board, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 4 December 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
The analyst noted that on the applicant's DD Form 214, block 27, "Reentry Eligibility (RE) code" reads "3." However, according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "4."
The applicant's record contains a CID Report of Investigation dated 25 July 2002.
The applicant's record contains a Memorandum of Reprimand dated 4 September 2001, for driving under the influence (Administrative).
The applicant's record contains a Military Police Blotter Report dated 21 August 2001.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records during the period of enlistment under review and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting a general, under honorable conditions discharge. Furthermore, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, "Reentry Eligibility (RE) code" reads "3." The analyst recommends that block 27, "Reentry Eligibility (RE) Code" be changed to "4." Except for the foregoing modification to the applicant's s reentry eligibility (RE) code the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 2 October 2009 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
Further, the Board directs ARBA Support Division-St. Louis to administratively change, block 27, "Reentry Eligibility (RE) Code" to "4."
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: The Board directs ARBA Support Division-St. Louis to administratively change, block 27, "Reentry Eligibility (RE) Code" to "4."
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090001873
______________________________________________________________________________
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